Minister for Infrastructure and Planning v Conway (No 3) [2004] NSWADT 290

Minister for Infrastructure and Planning v Conway (No 3) [2004] NSWADT 290

As Mr Conway was not accredited at the time of decision, the Tribunal lacked power to withdraw or suspend his accreditation or prevent reapplication. A reprimand and a fine in the lower range were imposed to deter similar conduct and mark the seriousness of his professional misconduct, which did not involve dishonesty or profit motive.

Jurisdiction
Australia
Judgment Date
17 December 2004
Procedural Posture
Professional Misconduct Disciplinary Proceeding / Penalty Determination
Outcome
Mr Conway was reprimanded and ordered to pay a fine of $5,000 within 3 months, with liberty to apply for extension of time.
Legal Topics
['professional Misconduct' 'accredited Certifier Discipline' 'penalties' 'environmental Planning and Assessment Act']
['administrative Law' 'professional Discipline' 'planning Law'] ['professional Misconduct' 'accredited Certifier Discipline' 'penalties' 'environmental Planning and Assessment Act']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Professional Misconduct Disciplinary Proceeding / Penalty Determination

Legal Issues

  1. 1 ['Whether the Tribunal has power to withdraw or suspend accreditation when the certifier is not currently accredited' 'What penalty, if any, should be imposed on Mr Conway']

Ratio Decidendi

As Mr Conway was not accredited at the time of decision, the Tribunal lacked power to withdraw or suspend his accreditation or prevent reapplication. A reprimand and a fine in the lower range were imposed to deter similar conduct and mark the seriousness of his professional misconduct, which did not involve dishonesty or profit motive.

Court Disposition

Mr Conway was reprimanded and ordered to pay a fine of $5,000 within 3 months, with liberty to apply for extension of time.

Orders

  • ['The Tribunal reprimands Mr Conway for his conduct.' 'The Tribunal orders Mr Conway to pay a fine of $5,000 within 3 months of the date of this decision with liberty to apply for an extension of time.']